STATE OF WISCONSIN
NURSING HOME ADMINISTRATOR EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : NURSING HOME
NURSING HOME ADMINISTRATOR : ADMINISTRATOR
EXAMINING BOARD : EXAMINING BOARD
: ADOPTING RULES
: (CLEARINGHOUSE RULE 23-033)
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ORDER
An order of the Nursing Home Administrator Examining Board to amend NHA 3.01 and to create NHA 3.01 (1m); relating to board approval of education programs.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 227.11 (2) (a), Stats., “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…” Section 456.03 (4), Stats., provides that an applicant for a license as a nursing home administrator shall complete “a regular course of study or equivalent specialized courses or a program of study which the examining board considers adequate academic preparation for nursing home administration.” Related statute or rule:
None.
Plain language analysis:
Chapter NHA 3 currently contains the requirements for the Nursing Home Administrator Board to approve educational programs leading to licensing. After review, the Board is adding a provision to approve all National Association of Long Term Care Administrator Boards (NAB) accredited programs for Nursing Home Administrator and Health Services Executive in order to ensure that the rules are consistent with current professional and academic standards, and to prevent confusion within academic institutions and with potential licensees. Summary of, and comparison with, existing or proposed federal regulation:
42 USC § 1396a provides requirements state medical assistance plans must meet to be eligible for federal grants, including a requirement that states have a program for licensing nursing home administrators. Under 42 USC § 1396g (c) (1) to (6), a state agency or board that licenses nursing home administrators is required to:
“Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to ensure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators.”
“Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.”
“Issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards.”
“Establish and carry out procedures designed to ensure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards.”
“Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards.”
“Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the State with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.”The proposed rules will ensure the provisions for licensure, examinations, and approval of educational programs under ch. NHA 3 comply with the above requirements. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A.
Comparison with rules in adjacent states:
Illinois: Rules of the Illinois Department of Financial and Professional Regulation establish education requirements for licensure, which includes any of the following:
Graduation from an accredited college or university with the minimum of a Baccalaureate Degree.
Satisfactory completion of an approved course of instruction in nursing home administration.
Graduation from a three year diploma nurse program and two years of qualifying experience.
An associate degree or a minimum of 60 semester or 90 quarter hours of credit earned from an accredited college or university and qualifying experience.
